BPS Complaints Procedure
- The Society requires all members, judges and officials to abide both by the letter and spirit of its Rules. Any person not doing
so may be subject to a complaint or objection by any person in respect of their behaviour or conduct. At any affiliated show, event, competition or at any sale held under Society rules everyone shall behave in a polite and civilised manner at all times and comply with the Society’s rules.
- Persons wishing to register objections or complaints against a judge, an official, an exhibitor or an organiser of a show, event or sale or against another member must write to the Society within seven days of the event. They must deposit £50.00 to the Society which will be returned if the complaint is upheld. If the complaint relates to the pedigree or identity of an animal the cost of DNA testing and veterinary fees shall be paid to the Society in advance together with a deposit of £200 (see regulation 20). A separate letter by an independent person confirming the facts and basis of the complaint must be submitted within a further seven days.
All letters must be sent by Recorded or Special Delivery or a written receipt obtained from the Society.
- Any objection or complaint relating to the rules of a particular show, event or sale shall be made to the show secretary or auctioneers in accordance with the rules of the event.
- Complaints regarding JMB height certificates shall be made to the JMB.
- On receipt of the complaint and supporting letter the matter will be investigated by a Preliminary Panel consisting
of three members of Council (who shall not have any connection with or contrary interest in the subject matter of the complaint) selected in rotation.
- Within a further fourteen days the Preliminary Panel shall decide whether there is a prima facie case to answer and shall inform
all parties and the Society. If there is found to be no case to answer the matter shall be at an end.
- If there is a case to answer the matter shall be referred with all the documentation to a formal hearing before a Complaints
Panel of another three members of Council who shall have the right to call witnesses, experts and technical advisers.
- The Complaints Panel shall give twenty one days written notice of the time and venue of the Hearing to all interested parties and the person against whom the complaint is made shall be given details of the complaint and of the matters decided by the Preliminary Panel.
- Within seven days the person complained of may give written notice either admitting or denying the substance of the
complaint and indicating whether they will attend or be represented at the Complaints Panel Hearing. If no indication is received the Complaints Panel may proceed in their absence.
- A person complained of shall be entitled to attend and or be represented and call relevant oral witnesses to give evidence.
If they decide not to attend or be represented they may submit a written statement and the matter may proceed in their absence. The Complaints Panel may adopt a formal procedure and admit such evidence as it thinks proper provided that advance notice of such evidence has been given to all parties.
- The Complaints Panel may:
(a) Dismiss the complaint
(b) Uphold the complaint
- If the complaint is upheld the Complaints Panel may recommend that the Society shall:
(a) In the case of a Member:
(i) Take no action (only if there are strong mitigating circumstances)
(ii) Give a reprimand
(iii) Forfeit all prizes awarded at that Show
(iv) Recommend to Council that the member be suspended from membership for a specified period
(v) Recommend to Council that the membership be terminated and not renewed.
(b) In addition in the case of a Judge:
(i) Demote from the panel or panels
(ii) Recommend to Council that the Judge shall not officiate at any shows for a specified period or indefinitely
(iii) Remove the asterisk rating of the Judge
(c) In addition in the case of an Official:
(i) Prevent that person from officiating in any capacity at any BPS affiliated Show or Event
(d) In addition in the case of a Show:
(i) Remove all Society recognition from the Show for a period or indefinitely.
- The Council of the Society at an ordinary meeting shall decide by a majority whether to implement the recommendations of the Complaints Panel or to substitute such alternative penalties as Council may decide.
- At any such meeting three members of Council shall be excluded from considering the matter and from voting in order to constitute an Appeal Committee.
- The Society shall notify in writing the decision of the Council within fourteen days to all parties to the complaint and details of any penalties imposed.
- Any person or body against whom a penalty is imposed may appeal by giving notice in writing (within fourteen days of the Society notifying the decisions of Council to them) to the Society and shall deposit with the Society a sum not less than £200 (such sum to be increased from time to time by Council).
- The appeal shall be considered by an Appeal Committee of three members of Council who were not members of the Complaints Panel and who were not present during the consideration of the matter by Council.
- Appeals may be either by written representations made by the appellant to the Complaints Panel or by the appellant in person.
- If on consideration the Appeal Committee shall consider that the appeal is frivolous or without merit or vexatious the deposit shall be forfeited to the Society.
- Appeal Committee decisions shall be by a simple majority and there shall be no casting vote for the Chairman.
- Appeals shall be held as soon as possible and in any event within twenty eight days of the appellant giving notice of appeal.
- Adopted by the Council of the British Palomino Society April 2009.